Former Brockton man's first degree murder conviction upheld

By John R. Ellement, Globe Staff

The Supreme Judicial Court today upheld Michael T. Burnham's first-degree murder conviction for fatally injuring a 22-month-old girl by stomping on her stomach in 1985, a killing that went unsolved for 17 years.

Burnham was convicted in Plymouth Superior Court in Brockton in 2005 and was sentenced to the mandatory life imprisonment without the possibility of parole. In an unanimous decision written by Justice Francis X. Spina, the court rejected defense arguments that it was the failure of Margaret A. Earle to get her daughter, Rachelle Pelletier, to a hospital that caused her death.

Burnham's attorney, Carlo A. Obligato, asked the SJC to reduce Burnham's conviction to involuntary manslaughter, which carries a maximum sentence of 20 years. Plymouth County District Attorney Timothy J. Cruz' office insisted Burnham should never be released from prison.

"He threw her on the floor and stomped on her stomach twice, each time twisting his weight onto her abdomen,'' Spina wrote of Burnham. "The massive assault on this fragile and vulnerable child did not warrant an involuntary manslaughter instruction.''

According to the SJC, Burnham confessed to the killing and repeatedly threatened a former wife he would kill her just like he did Pelletier if she did not follow his bidding. The former wife eventually contacted authorities, which reopened the investigation, leading to the 2002 indictments of Burnham and Earle.

Earle, the child's mother, was tried separately and was convicted of second degree murder. Her appeal is pending, according to court records.

• Comment
• Permalink
• Email